Apple 'tries to silence man and his daughter over exploding iPod'

Computer giant Apple attempted to buy the silence of a man and his 11-year-old daughter after her iPod music player exploded, it was claimed.

Last week it emerged that Apple has been trying to stop publicity about iPod digital music players overheating and bursting into flames in the USPhoto: APPLE

By Ian Johnston

10:29AM BST 03 Aug 2009

Ken Stanborough, 47, said he had tried to claim a refund for his daughter Ellie's iPod Touch after he had dropped the device which then allegedly overheated and blew up.

The company responded with a letter which denied liability but offered to refund the £162 cost of the iPod on condition that the deal was kept "completely confidential".

Last week it emerged that Apple has been trying to stop publicity about iPod digital music players overheating and bursting into flames in the US.

Using the Freedom of Information Act, a reporter obtained 800 pages of documents from the Consumer Product Safety Commission (CPSC) in America about such cases.

The reporter was delayed for months as "Apple's lawyers filed exemption after exemption".

Mr Stanborough, from Liverpool, said that after he dropped the iPod it started making "a hissing noise".

"I could feel it getting hotter in my hand, and I thought I could see vapour," he told The Times newspaper.

He threw it out the back door and "within 30 seconds there was a pop, a big puff of smoke and it went 10ft in the air".

He subsequently spoke to an Apple executive and was then sent the letter offering a refund.

However it said that if he accepted the money, Mr Stanborough would have to "agree that you will keep the terms and existence of this settlement agreement completely confidential".

Any breach of confidentiality "may result in Apple seeking injunctive relief, damages and legal costs against the defaulting persons or parties", the letter added.

"I thought it was a very disturbing letter," said Mr Stanborough, who works in electronic security.

"If we inadvertently did say anything, no matter what, they would take litigation against us. I thought that was absolutely appalling.

"We didn't ask for compensation, we just asked for our money back."

He refused to sign the letter.

An Apple spokesman said it could not comment as the company had not examined the Stanboroughs' iPod.

Last year the Japanese government warned iPod Nanos presented a potential fire risk, saying there had been 14 cases in the country where the players had caught fire and two people had suffered minor burns.

In March, a mother in Ohio began court proceedings against Apple, after her son's iPod Touch allegedly exploded in his pocket, burning his leg.